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AB-780 Local zoning ordinances: school district employee housing.(2021-2022)



Current Version: 03/15/21 - Amended Assembly         Compare Versions information image


AB780:v97#DOCUMENT

Amended  IN  Assembly  March 15, 2021
Amended  IN  Assembly  March 11, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 780


Introduced by Assembly Member Ting

February 16, 2021


An act to amend Section 1949 of the Civil Code, 53094 of the Government Code, relating to tenancy. housing.


LEGISLATIVE COUNSEL'S DIGEST


AB 780, as amended, Ting. Tenancies. Local zoning ordinances: school district employee housing.
Existing law authorizes the governing board of a school district, by a vote of 2/3 of its members, to render a city or county zoning ordinance inapplicable to a proposed use of property by the school district, if specified conditions are met. Existing law prohibits the governing board of a school district from exercising this authorization if the proposed use of the property by the school district is for nonclassroom facilities.
This bill would authorize the governing board of a school district to render a city or county zoning ordinance inapplicable if the proposed use of property by the school district is to offer school district employee housing under specified conditions.
Existing law authorizes a city or county to commence an action seeking a review of the action of the governing board of the school district to determine whether it was arbitrary and capricious, as specified.
The bill would exempt the rendering of a city or county zoning ordinance as inapplicable, in order to offer school district employee housing, from review under this authority.
The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

Existing law regulates the terms and conditions of tenancies, and requires a tenant who receives notice of certain proceedings to recover the property they occupy to give notice to their landlord of the proceeding and provides that the tenant is responsible for any damages sustained by the landlord as a result of failure to give that notice.

This bill would require that notice by the tenant to be given to the landlord by letter, email, or another medium that provides a written or electronic record.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 53094 of the Government Code is amended to read:

53094.
 (a) Notwithstanding any other provision of this article, this article does not require a school district to comply with the zoning ordinances of a county or city unless the zoning ordinance makes provision for the location of public schools and unless the city or county has adopted a general plan.
(b) (1) Notwithstanding subdivision (a), the governing board of a school district, district that has complied with the requirements of Section 65352.2 of this code and Section 21151.2 of the Public Resources Code, by a vote of two-thirds of its members, may render a city or county zoning ordinance inapplicable to a proposed use of property by the school district. The
(2) (A) Except as provided in subparagraph (B), the governing board of the school district may not take this action when not render a city or county zoning ordinance inapplicable pursuant to this subdivision if the proposed use of the property by the school district is for nonclassroom facilities, including, but not limited to, warehouses, administrative buildings, and automotive storage and repair buildings.
(B) The governing board of the school district may render a city or county zoning ordinance inapplicable pursuant to this subdivision if the proposed use of property by the school district is to offer school district employee housing. Notwithstanding the requirements in paragraph (1), a school district shall not be required to comply with the requirements of Section 65352.2 of this code and Section 21151.2 of the Public Resources Code in order to render a zoning ordinance inapplicable pursuant to this subparagraph.
(c) (1) The governing board of the school district shall, within 10 days, notify the city or county concerned of any action taken pursuant to subdivision (b). If
(2) Except as provided in paragraph (3), if the governing board has taken such an action, the city or county may commence an action in the superior court of the county whose zoning ordinance is involved involved, or in which is situated the city whose zoning ordinance is involved, seeking a review of the action of the governing board of the school district to determine whether it was arbitrary and capricious. The city or county shall cause a copy of the complaint to be served on the board. If the court determines that the action was arbitrary and capricious, it shall declare it to be of no force and effect, and the zoning ordinance in question shall be applicable to the use of the property by the school district.
(3) Paragraph (2) shall not apply to an action taken by the governing board of a school district pursuant to subparagraph (B) of paragraph (2) of subdivision (b).
(d) The Legislature finds and declares that ensuring land owned by school districts may be used for school employee housing is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this section applies to all cities, including charter cities.

SECTION 1.Section 1949 of the Civil Code is amended to read:
1949.

Every tenant who receives notice of any proceeding to recover the real property occupied by the tenant, or the possession of the real property, shall immediately inform their landlord of the proceeding by letter, email, or another medium that provides a written or electronic record, and also deliver to the landlord the notice, if in writing, and is responsible to the landlord for all damages which they may sustain by reason of any omission to inform the landlord by letter, email, or another medium that provides a written or electronic record, of the notice, or to deliver it to them if in writing.